Understanding HAPs and TAPs LDEQ Air Toxics Program Bliss M. Higgins, Principal

Transcription

Understanding HAPs and TAPs LDEQ Air Toxics Program Bliss M. Higgins, Principal
Understanding HAPs and TAPs
LDEQ Air Toxics Program
Bliss M. Higgins, Principal
ENVIRON International Corporation
October 27, 2010
 Regulatory programs for stationary sources
 HAP
hazardous air pollutants
 TAP
toxic air pollutants
 Brief history, overview and recent developments
Part 61 NESHAP program
Part 63 NESHAP program
Louisiana Toxic Air Pollutant program
 Pointers for complying and consulting
Pre-Quiz
 Who was the US President in 1970?
 Who was the Governor of Louisiana in 1989?
 Who was the US President in 1990?
 When was the first Toxics Release Inventory report released
to the public?
 What was the first MACT standard?

 What is the HON?
 Who was Gus Von Bodungen?
 What is an ample margin of safety?
 What is the TTN?
What are NESHAP?
 National Emission Standards for Hazardous Air
Pollutants
 40 CFR Part 61 NESHAP
Older standards, mostly pre-1990
Major vs. area source distinction NOT relevant
 40 CFR Part 63 NESHAP
Post-1990 Clean Air Act Amendments
Maximum Achievable Control Technology (MACT)
Generally Available Control Technology (GACT)
Residual Risk Standards
History of federal HAP program
 1970
National Environmental Protection Act, January 1
First Earth Day, April 22
Creation of US EPA, December 2
Clean Air Act Amendments of 1970

First list pollutant as a HAP, then regulate emissions
EPA successful at regulating 7 HAP in 20 years
Radionuclides, inorganic arsenic, mercury, beryllium, asbestos,
vinyl chloride, benzene
Proliferation of State air toxics programs
 1989 Benzene NESHAP ruling
Ample margin of safety
Part 61 NESHAP highlights
 Subpart F
Vinyl chloride
Covers EDC, VC and PVC plants
1976 rule later adopted as MACT
Currently under review
 Subpart M
Asbestos
 Subparts J and V
 Subparts Y and BB
 Subpart FF
Equipment Leaks
Benzene Storage and Transfer
Benzene Waste Operations, 1990
History of federal HAP program
 1990
Clean Air Act Amendments
Title III, revised Section 112 of Title I of CAA
 112(b) HAP List
189 HAP, now 187
 112(d) Emission Standards
Major and area sources
Source categories
MACT and GACT
 Much more
Federal HAP List
 Section 112(b) List of 189 HAP
EPA can add or delete
Public can petition for revisions
 Revisions to the initial list
H 2S
Caprolactum delisted 1996
Glycol ethers category
Redefined in 2000 (surfactant alcohol ethoxylates)
Revised in 2004 (EGBE)
Methyl Ethyl Ketone (MEK)
 Now 187 HAP
delisted in 2005
What is a HAP?
A pollutant that presents, or may present a threat of
 adverse human health effects, including
Carcinogenic, mutagenic, teratogenic, neurotoxic,
reproductive dysfunction, acutely or chronically toxic
 Or adverse environmental effects
 by inhalation or other route of exposure
 by ambient concentrations, bioaccumulation,
deposition or otherwise
 Not a criteria pollutant, but can be a precursor or a
pollutant in a class listed as criteria pollutant
Federal HAP Sources
 Major source based on potential to emit
10 tpy single HAP or
25 tpy combined HAP
 Area source
- 112(a) definition
 Source categories and subcategories
Initial list in 1992
As listed by EPA, see
http://www.epa.gov/ttn/atw/socatlst/socatpg.html
Post-1990 Federal NESHAP
 Maximum Achievable Control Technology (MACT)
Considering cost, non-air quality health and
environmental impacts and energy requirements
 New source MACT not less stringent than
 Existing source MACT not less stringent than
performing 12 percent (or 5 if <30) of the existing
Post-1990 NESHAP
 MACT standard is required for all major source
categories and subcategories
 Generally available control technology (GACT)
An alternative to MACT, allowed for area sources only
 CAA required all 112(d) standards within 10 years
41 within 2 years
25% within 4 years
+ 25% within 7 years
100% within 10 years
 112(j)
MACT hammer
If EPA fails to promulgate within 18 months of schedule
All sources in the source category
 112(f)
Residual Risk
Assess risk remaining after MACT
must provide ample margin of safety if risk >10-6
 112(k)
Urban Air Toxics Strategy
Address sources emitting 30 HAP creating greatest risk
 112(d)
Review and revise
EPA must review standards every 8 years
 112(g)
Case-by-case MACT
If construct a new major source and 112(d) MACT not
established
Part 63 NESHAP highlights
 Coke ovens
first MACT, October 1993
 Subpart A, General Provisions
 Hazardous Organic NESHAP (HON)
SOCMI plus certain other processes
Reg-neg for equipment leaks
Subparts F, G, H and I
 Cluster Rule for Pulp and Paper
Combined MACT and Effluent standards in one
rulemaking
MACT I, II and III
Part 63 NESHAP
 Generic MACT
An alternative methodology for making MACT
determinations
Subpart YY
Carbon black, hydrogen flouride, ethylene production
 Miscellaneous Organic NESHAP (MON)
 Many other MACT standards
http://www.epa.gov/ttn/atw/mactfnlalph.html
 ~ 70 area source categories
http://www.epa.gov/ttn/atw/area/arearules.html
Residual Risk and Technology
Reviews
 Completed 16 reviews
 October 2010 Proposal
Chromium Electroplating and Chromium Anodizing;
Group I Polymers and Resins;
Marine Tank Vessel Loading Operations;
Pharmaceuticals Production;
The Printing and Publishing Industry; and
Steel Pickling--HCl Process Facilities and Hydrochloric
Acid Regeneration Plants
Residual Risk and Technology
Reviews
 September 2010 Consent Decree schedule
7 Bins, 2010 - 2018
 EPA uses National Emissions Inventory (NEI) to
model risk
 Section 114 ICRs precede RR&T review
 Errors or misinformation in NEI and ICR responses
carry over to risk analysis and MACT review
 http://www.epa.gov/ttn/atw/rrisk/rtrpg.html
Louisiana Air Toxics Program
History
 Act 184 of 1989
Louisiana Comprehensive Toxic Air Pollutant Emission
Control Program
Spurred by release of first TRI report release
Goal of 50% reduction in toxics statewide from 1987
levels by December 31, 1994
 LDEQ formed Advisory Committee for rule
development
Industry, small business, environmental groups
Initial rule proposal November 1990
Led to statutory revisions and reproposal
Chapter 51
 LAC 33:III.Chapter 51 adopted December 1991
 Applies to new and existing major sources
 Major source
Tracks federal definition
Emits or has potential to emit 10 tpy single TAP or 25 tpy
combined TAPs
Chapter 51 List of TAP
 ~100 pollutants on initial list (1991)
Covered >99% of Louisiana TRI emissions
 Established Ambient Air Standard for each TAP
 3 Classes based on toxic effects
Class I known and probable human carcinogens
Class II suspected human carcinogens and known or
suspected human reproductive toxins
Class III acute and chronic (non-carcinogenic) toxins
 Included 13 TAPs not on HAP list
Now 14 with MEK
TAPs not on HAP list
 Ammonia
 Hydrogen sulfide
 Barium and compounds  Methyl ethyl ketone
 N-butyl alcohol
 Nitric acid
 Chlorine dioxide
 Pyridine
 Copper and compounds  Sulfuric acid
 Diaminotoluene
 Toluene-2,6-diisocyanate
 2,6-dinitrotoluene
 Zinc and compounds
Chapter 51 List of TAP
 Adopted supplemental list in 1992 to include all
federal HAP
No MER or Ambient Air Standards
Reporting only
 LDEQ required to review list and AAS every three
years and revise list as needed
Substantive Requirements
 Annual emissions reporting and fees
TEDI not incorporated in ERIC
 Case-by-case MACT determinations for all Class I
and Class II TAP
 Compliance with AAS for all TAP
 Initial compliance certifications or compliance plans
were submitted December 20, 1992
Note HON proposed December 31, 1992
 Compliance reviews through permitting for ongoing
construction and modifications
 Public notice and comment
Chapter 51 Applicability Triggers
 Applies on a pollutant basis
Different from federal source category approach
 Minimum Emission Rate (MER) for each TAP
Pounds per year, facility wide
Triggers applicability of MACT and AAS
Set by worst case modeling at 1 in a Million risk levels
 If PTE >MER, must meet MACT and AAS
 Ambient Air Standards set at 1 in 10,000 risk level
 MER and AAS mirror federal ample margin of
safety
Chapter 51 Compliance
 Each existing major source required to submit
certification of compliance or compliance plan and
schedule for MACT and AAS
 Case-by-case MACT determinations
 Some negotiated MACT by category
Non-HON Equipment Leaks
LA Refinery MACT
 LDEQ review and approval, public notice
 Compliance required by December 1996
Significant differences in state
and federal program
Louisiana Program:
EPA Program:
 Pollutant specific, case-  Source category MACT
by-case review
by rule
 Technology and risk
review combined
 Risk review follows
MACT by 8 years
 Promulgated AAS
 No AAS
Incorporation by Reference
 Chapter 51 Subchapters B and C
Part 61 NESHAP
Part 63 NESHAP as applicable to major sources
Updated annually
Modifications and exceptions noted
 Chapter 53 Subchapter B
Part 63 NESHAP as applicable to area sources
Updated annually
Modifications and exceptions noted
 See also Chapter 53 Subchapter A
Annual emissions reporting for area sources
December 2007 Updates to
Louisiana Air Toxics Program
 Deletion of obsolete language from initial program
implementation
 Compliance with applicable Part 63 standard
constitutes compliance with MACT
 Exemption from SOP requirement if complying with
Part 63 MACT
 Clarification/expansion of exemption for virgin
fossil fuel combustion
 Unqualified exemption for electric utilities
Act 103 of 2010 Updates
 Compliance with Part 61 or Part 63 standard
constitutes compliance with Louisiana air toxics
program for the NESHAP affected source
 Ambient air standards still apply
do not apply to roads, railroads, or water bodies where
activities are transient in nature and long-term exposure is
not reasonably anticipated
do not apply to adjacent or impacted industrial sources,
provided not causing OSHA standard exceedance
 Emissions reporting and fees still apply
Questions?